Regulatory Crime Winter Newsletter
Welcome to the Winter issue of 2 Hare Court’s Criminal Regulatory Newsletter. In this issue:
Regulation 5 of the Food Information Regulations and how they are applied by large food retail companies recently came under significant scrutiny in the inquest into the tragic death of 15 year old Natasha Ednan-Laperouse. Paul Renteurs, an instructed advocate at the inquest, gives us his thoughts on the case.
the Divisional Court provided a considered analysis of the principles surrounding Article 2 inquests, as well as highlighting just how difficult it will be to challenge a coroner’s factual findings.
Finally, Oliver Glasgow QC (instructed advocate at trial and on appeal) and James Buchanan (instructed advocate at trial) provide an insightful analysis of the recent important appellate case of R v Winterton [2018] EWCA Crim 2435 which considered the applicability of Honey Rose and Rudding and the question of available knowledge and risk.
I hope you find this edition of interest and look forward to hearing your feedback which can be submitted here.
Editor
Food Labelling in the Wake of the Death of Natasha Ednan-Laperouse
Few Coroners’ Inquests attract as much public attention as that into the death of fifteen-year-old Natasha Ednan-Laperouse. And nobody who followed those proceedings could help but be left shaken, particularly by the account of Natasha’s father, who was present when his daughter succumbed to a catastrophic anaphylactic reaction as a result of eating a baguette that, unbeknownst to Natasha, contained sesame seeds. But as well as a poignant human tragedy, the case may well mark a watershed moment in the regulation of food labelling, particularly as regards allergen advice.
Pret-á-Manger, who produced the baguette that contained the sesame which ultimately caused Natasha’s death, operated under Regulation 5 of the Food Information Regulations 2014 and Regulation (EU) No 1169/2011…
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What Can we Learn from the HSE Annual Statistics Report?
Unsurprisingly, the publication of the HSE annual statistics report on 31 October 2018 was not front-page news. However, whilst trawling through tables and data may not sound like an interesting exercise, the results provides a useful insight into what the HSE have been doing but also what they might do next.
In 2017/18 the HSE and COPFS achieved a conviction in 493 cases. They state that their conviction rate is 95%. However, what they actually mean is that in those cases, which have gone as far as a verdict, there has been a guilty verdict on at least one count. The HSE does not publish the number of prosecutions that are dropped, dismissed or in which there is an acquittal at half time. It also takes no account of where guilty pleas may have been accepted to lesser charges…
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Birmingham Pub Bombings – Coroner’s Decision on Scope Only Reviewable on Public Law Grounds
In July 2017, the Coroner for the inquests into the 1974 Birmingham Pub Bombings, which famously resulted in the convictions and then successful appeals of the Birmingham Six, ruled that the identities of those who planned, procured and authorised the bombings was not within the scope of the inquests. Over a year later, in Coroner for the Birmingham Inquest (1974) v Julie Hambleton and others [2018] EWCA Civ 2081, the Court of Appeal has upheld that decision and reversed the decision of the High Court.
In the High Court in January, it was found that the Coroner had not asked himself the correct question, which was whether the factual identity of the bombers was sufficiently closely connected to the deaths to form part of the circumstances of the death (and so fall within the ‘how?’ question as enhanced by Article 2)…
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Challenging the Coroner:
R (Parkinson) v HM Senior Coroner for Kent, Dartford & Gravesham NHS Trust & Sameer Hijazi [2018] EWHC 1501 (Admin)
In a recent judicial review, Mr Parkinson sought to challenge the coroner’s conclusion into the death of his mother. In rejecting his claim, the Divisional Court provided a considered analysis of the principles surrounding Article 2 inquests, as well as highlighting just how difficult it will be to challenge a coroner’s factual findings. Whilst the case turned on the particulars of medical treatment, the analysis provided is likely to have wider implications.
The facts in brief were these: Mrs Parkinson experienced breathing difficulties and was admitted to A&E where her condition deteriorated and she died a short time later. At the subsequent inquest Mr Parkinson alleged that the Trust, and in particular Dr H, had failed to provide adequate care to a culpable degree…
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New Sentencing Guidelines for Manslaughter Offences Now in Force
On 1st November 2018, the Sentencing Council’s Definitive Guideline for Manslaughter offences came into force. Its aim is to ensure comprehensive guidance where previously there has been very limited. Until now, in the Health and Safety context, there has only been guidance for corporate manslaughter.
This guideline will apply to all offenders aged 18 or over who are sentenced on or after 1 November 2018 regardless of the date of the offence. The guideline reflects an attempt to bring consistency and transparency to sentencing for all forms of manslaughter…
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Case Commentary: R v WINTERTON [2018] EWCA Crim 2435
Oliver Glasgow QC & James Buchanan
Andrew Winterton was convicted of the gross negligence manslaughter of Shane Wilkinson. He was also convicted of three counts alleging breaches of ss7 and 37 of the HSWA. He was sentenced to a total of four years’ imprisonment.
A co-defendant, Dean Wortley, was acquitted of manslaughter but convicted of health and safety offences. He received 12 months’ imprisonment. Conquest Homes LLP was convicted of health and safety offences and was fined a total of £55,000…
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